James,Melverton v Cable And Wireless Jamaica Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L J 096/99
BETWEEN MELVERTON JAMES PLAINTIFF
AND CABLE AND WIRELESS JAMAICA LTD DEFENDANT
CONSOLIDATED WITH:
SUIT NO. C.L N 213/99
BETWEEN DELROY NEEDHAM PLAINTIFF
AND CABLE AND WIRELESS JAMAICA LTD DEFENDANT
Heard: April 8,lO. 1 l,25 and 30 2002
Mr. Ernest Smith and Miss Marsha Smith instructed by Ernest Smith and Company for
the Plaintiffs.
Mr. Garth McBean instructed by Dunn Cox for the Defendant.
HARRISON J
I completed hearing this matter on the 25th instant and had promised to deliver judgment
on the 3oth April. I now seek to fulfill this promise.
The causes of actions
The plaintiffs have brought these actions and are claiming damages for negligence and/or
nuisance arising out of a motor vehicle accident that occurred on the 29t'1 July, 1997
along Dumfries Main Road in the Parish of Trelawny. Both actions were consolidated by
order of the Court.
On the aforesaid date, the defendant's servants andlor agents (Senior's Woodwork and
Construction) had dug a trench and constructed underground conduits on the Dumfries
roadway for and on behalf of Cable and Wireless, formerly Telecommunications of
Jamaica. Sometime between 7:00 and 8:00 p:m, the plaintiff Needham, who was driving